Teacher's firing reversed

Appeals court returns case to school district

November 9, 2006|By Missy Diaz Staff Writer

An appeals court has reversed the Palm Beach County School District's decision to fire a social studies teacher.

Curtis Sherrod, 52, was cited for a plethora of complaints about planning, record keeping, relations with co-workers, inappropriate use of R-rated videos, failure to post student grades on time and failure to follow lesson plans. He was transferred to different schools and ultimately fired in May 2004 for failing to correct teaching deficiencies noted since 2001.

But in its firing of Sherrod, who taught at Olympic Heights High west of Boca Raton, Roosevelt Middle in West Palm Beach and Suncoast High in Riviera Beach, the school district didn't present any evidence of student performance on annual tests, something that's statutorily required to be the "primary basis" for teacher evaluation, according to the appeals court's ruling.

Since Sherrod's alleged deficiencies did not include criminal acts, mental defects or conduct "unquestionably showing unfitness for teaching," the court had to rely on the statute's wording.

The ruling returns the case for "further consistent proceedings," though Sherrod said Wednesday that he would not take his job back if it were offered. He said the firing was retaliation for raising concerns that the district gave short shrift to African-American history.

Spokesman Nat Harrington said the district would withhold comment until it had a chance to review the ruling.

Sherrod sued the district, seeking $15 million, and in February a federal jury awarded him $396,000 for lost wages and emotional pain and suffering. A month later, a federal judge reversed the verdict.

"What I want is my money and I'm going to pack my stuff up and get out of South Florida," Sherrod said. The ruling "strengthens my appeal and it should give me enough to make another lawsuit which will be filed sometime after the first of January."

Sherrod's trial lawyer, Dedrick Straghn, said it was unclear what Wednesday's decision means for his client.

"It really doesn't do us any good because the School Board already decided they didn't want him anymore," Straghn said. "... We're trying to get some clarification."

Sherrod said he hopes to collect a judgment against the school district and move to North Carolina.